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Documents & disputes

Cheque bounce notice (section 138)

The statutory demand notice for a dishonoured cheque under section 138 of the Negotiable Instruments Act, sent by an advocate within the deadline.

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Overview

When a cheque given to repay a debt or liability is returned unpaid for insufficient funds (or because it exceeds the arrangement with the bank), the payee can pursue a criminal complaint under section 138 of the Negotiable Instruments Act, 1881. The law sets strict steps and deadlines: the cheque must have been presented within its validity, a written demand notice must be sent within 30 days of receiving the bank's information of dishonour, and the drawer then has 15 days from receiving the notice to pay.

If the drawer doesn't pay within those 15 days, the complaint must be filed within one month after that period ends, generally in the court where the payee's bank branch is. Missing a deadline can end the criminal remedy, so the notice must be sent quickly and correctly.

Our team checks your dates and documents, and the notice is drafted and sent by an advocate we work with. If the money isn't paid, the advocate can file the complaint for you.

Who needs it

  • Anyone whose cheque was returned with 'funds insufficient' or a similar reason
  • Businesses with dishonoured customer cheques
  • Lenders with returned repayment cheques

Documents required

What we usually ask for. Our team confirms the exact list for your case before anything is filed.

  • The original dishonoured cheque
  • The bank's return memo with the date and reason
  • Proof of the debt: invoice, loan agreement, ledger, messages
  • The drawer's correct address

How it works

  1. 1

    Check the dates

    We check the cheque date, presentation date and the date you got the return memo, so the notice goes within 30 days.

  2. 2

    Draft the notice

    An advocate drafts the demand notice for the cheque amount with the facts the law requires.

  3. 3

    Send with proof

    The notice is sent by registered or speed post (and other modes where useful) and the proofs are kept.

  4. 4

    Wait 15 days

    The drawer has 15 days from receiving the notice to pay.

  5. 5

    Complaint if unpaid

    If unpaid, the complaint must be filed within one month after the 15 days end. The advocate can file it.

Typical timeline

Notice within 30 days of receiving the bank's information of dishonour; 15 days for the drawer to pay after receiving the notice; complaint within one month after those 15 days end. These deadlines come from the Negotiable Instruments Act.

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Official sources

The government portals and laws this page is based on:

Please note

Xegality is not a law firm or a firm of chartered accountants. Services are managed by Xegality's team; work that the law reserves for a licensed professional (an advocate, a chartered accountant or a company secretary) is done by qualified professionals we work with. Content on these pages is general information, not legal or tax advice, and government timelines are decided by the authorities concerned. Last updated 4 November 2026.

Cheque bounce notice (section 138): questions, answered.

Still curious? Talk to our team.

My cheque bounced. How long do I have to send the notice?
Thirty days from receiving the bank's information of dishonour (usually the return memo). Contact us as soon as possible.
Can I present the cheque again?
Yes, within its validity. A fresh dishonour gives a fresh 30-day period for the notice, but don't let the cheque expire.
What if the drawer pays after the notice?
If the full amount is paid within 15 days of receiving the notice, the offence isn't made out and the matter usually ends there.
Can I also recover the money through a civil suit?
Yes. The criminal complaint and a civil recovery suit are separate remedies; an advocate can advise which to use.

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